Web exclusive: Dakota Access won’t be fined for construction violation

The Iowa Utilities Board gave Dakota Access a one-time free pass for starting construction without notifying county inspectors.
The board on Tuesday issued an order that acknowledged the pipeline company had started work in several counties, but the construction was not the main issue. The board opted not to fine Dakota Access for the violations.
“(T)he Board concludes that the relevant issue is not a determination of what activities might constitute ‘construction;’ rather, the relevant issue is whether Dakota Access has complied with the Board’s March 10 Order and the Board’s rules with respect to providing notice to county inspectors before engaging in pipeline-related activities along the route,” the order said. “Further, the Board’s rules also make express reliance on notice to the county inspectors prior to any pipeline-related activity.”
Dakota Access officials acknowledged that they had begun clearing some trees in early April. But they also argued that the IUB was giving too much weight to complaints from people the company painted as unreliable sources of information.
“Even though Dakota Access has stated that it only undertook these activities after getting consent from the affected landowners, there is no indication that Dakota Access contacted the relevant county inspector to inform them that these activities were taking place or that Dakota Access gave the landowner the notice required by the (agricultural impact mitigation plan),” the board members wrote. “The board’s intent was that no pipeline-related activity would occur until after notice to county inspectors was provided in accordance with the (agricultural plan) so that there could be effective monitoring and enforcement of the (agricultural plan) and any separate agreements.”
The circumstances surrounding the violation don’t reach the level requiring civil penalties, such as fines, board members wrote.
“In this instance, the record shows that Dakota Access has undertaken activities only on property where Dakota Access has obtained voluntary easements, that Dakota Access had permission of the landowners, and that Dakota Access has not engaged in pipeline-related activities on these parcels beyond staking and clearing trees using hand tools,” the order said. “However, Dakota Access is put on notice that any future violations of the board’s orders, especially the requirement for notice to county inspectors, may result in action by the board, including civil penalties.”